17 November 2016 | Media
Man, daughter in unilateral conversion row fail to show up before Federal Court
By Bernama | New Straits Times
A Muslim convert father did not turn up in the Federal Court with his youngest daughter at today’s hearing of the appeal brought by his Hindu ex-wife over the validity of her children’s unilateral conversion to Islam. Muhammad Riduan, 46, who was found to be in contempt of court for disobeying an Ipoh High Court order to return his eight-year-old daughter to ex-wife M. Indira Gandhi was given a chance by the Federal Court yesterday, to come to court today to purge his contempt. Pix by Ahmad Irham Mohd Noor.
PUTRAJAYA: A Muslim convert father did not turn up in the Federal Court with his youngest daughter at today’s hearing of the appeal brought by his Hindu ex-wife over the validity of her children’s unilateral conversion to Islam.
Muhammad Riduan, 46, who was found to be in contempt of court for disobeying an Ipoh High Court order to return his eight-year-old daughter to ex-wife M. Indira Gandhi was given a chance by the Federal Court yesterday, to come to court today to purge his contempt.
The Federal Court’s five-man bench however, proceeded to hear the 41-year old kindergarten teacher’s appeal in the absence of Muhammad Riduan.
Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinudin who chaired the court bench allowed counsel Hatim Musa to represent Muhammad Riduan and submit in the appeal following no objection by Indira Gandhi’s lawyers.
Earlier in the court proceedings, lawyer K. Shanmuga representing Indira Gandhi informed the court that Muhammad Riduan was not present in court today and suggested to the court to proceed with the appeal since the man was only a nominal respondent in the case.
He said he did not object to Hatim’s presence in court.
Hatim, meanwhile agreed with Zulkefli that he tried to locate his client but was unsuccessful.
The court heard submissions from Indira Gandhi’s co-counsel, Fahri Azzat who said that both father and mother should consent to a child’s conversion to Islam before the Perak Religious Department could register the child’s conversion.
He said the Federal Court should not rely on the principles of its earlier decision on R. Subashini delivered in 2008, which ruled that a parent could convert his children to Islam.
Fahri said the definition of a parent under Article 12 (4) of the Federal Constitution, to be read harmoniously with section 106 (b) of the Administration of the Religion of Islam (Perak) Enactment 2004 defined a parent as both father and mother.
Meanwhile, another counsel, Aston Paiva representing Indira Gandhi submitted the intention of legislature in Section 96 and 106 of the Enactment was to ensure that a child of a non-Muslim marriage must not only have parental consent but the child, even if under the age of 18, must also fulfil the condition to utter the affirmation of faith on his own free will.
He said the utterance of affirmations of faith must be in reasonably intelligible Arabic and knowing its meaning.
“The undisputed evidence before the court is, those conditions in Section 96 (of the Enactment) were not fulfilled by the children affected by this case, and therefore, the Registrar of Muallaf’s decision was ultra vires the Enactment, the certificate (of conversion issued to the children) ought to be quashed,” said Aston.
Indira Gandhi is appealing against the Court of Appeal decision on Dec 30, last year in reinstating the conversion certificates of her two daughters and a son, now aged 19, 18, and eight.
The children were converted to Islam by their father in April 2009, without Indira Gandhi’s consent after Muhammad Riduan’s (formerly known as K. Pathmanathan) conversion to Islam. The children were then aged 12, 11 and 11 months.
In the 2-1 majority decision, the Court of Appeal ruled the civil High Court did not have the jurisdiction to decide on the validity of children’s conversion which was under the exclusive jurisdiction of the Syariah Court to determine.
It allowed the appeal by the Perak Islamic Religious Department director, Perak government and Registrar of Converts, Education Ministry and the Malaysian government to set aside the Ipoh High Court ruling that the conversion certificates of the three children were null and void.
Outside the court, Hatim told reporters he tried to contact his client through a third party but could not locate him.
Asked if his client was still in the country, he replied: “I think so”.
Hearing continues on Dec 5. – BERNAMA